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Deceptive Advertising

Cherry Apple Kind Bar

The complaint for this class action alleges that Kind, LLC presents Kind bars as being made from, or equivalent to, whole fruits. However, it says, this is simply not possible and that the company does it to make its products seem fresher, healthier, and worth higher prices.

Container of HimalaSalt Organic Garlic Himalayan Salt

HimalaSalt-Sustainable Sourcing, LLC sells a variety of flavors of salt which it markets as “organic” salt. The complaint for this class action claims that this designation is false, because salt is a mineral and not an agricultural product. Under federal law, the complaint says, salt therefore cannot be designated as organic.

Three Jamba Juice Smoothies

Jamba Juice has over 800 retail locations in the US, but are consumers buying their smoothies because they’ve been misled about their contents? The complaint for this class action alleges that the company’s advertising is blatantly false, promising “whole” ingredients when the drinks are actually made from juices, concentrates, and other not-so-healthy ingredients.

Force Factor Pure BCAA Product

Plaintiff Jon Seiger bought Force Factor Pure BCAA because it was advertised as helping to build muscle. Unfortunately, the complaint for this class action claims that it may actually cause a loss of muscle. The product contains only three of the nine essential amino acids that must be taken in to build muscle, it says, and the only other place it may be able to get the remaining six is by breaking down existing muscles.

Two Clean Whey Protein Bars

The complaint for this class action makes a complex calculation of the ingredients in Premier Nutrition Corporation’s PowerBar brand Clean Whey Protein Bar and alleges that the marketing of the bar as “clean whey protein” is deceptive. The proportion of whey isolate is too small, it claims, and the bar also uses an artificial sweetener.

Gillette Fusion ProGlide Sensitive 2-in-1 Shave Gel

The complaint for this class action alleges that a certain Proctor & Gamble shave gel has excessive empty space in its container, deceiving consumers about how much product they’re getting. But it also claims that the design of the dispenser is defective, so that consumers get even less out of the can than they purchased. 

Scotts EZ Seed Product

The Scotts Miracle-Gro Company, Inc. and the Scotts Company, LLC are settling a class action alleging that it made false claims for its Scotts Turf Builder EZ Seed product. Specifically, the complaint said that it seed does not grow grass “50% thicker with half the water.”

Babyganics Products

KAS Direct, LLC is settling a class action brought against it for misleading marketing of its Babyganics line of products. The complaint claims that KAS violated certain laws in its use of the terms “Babyganics,” “mineral-based,” and “natural.” The settlement also resolves claims for certain products labeled as being “plant-based,” “tear-free,” and “SPF 50+.”

CoQ-10 Supplement

Lang Pharma Nutrition, Inc. and a number of major retailers are settling a class action on the labeling of certain CoQ-10 supplements. Lang makes the supplements, then major retailers apply their own labels and sell them. The retailers include Wal-Mart Stores, Inc., CVS Pharmacy, Inc., Walgreen Company, and Meijer Distribution, Inc.

Glutino Gluten-Free Pretzels

Consumers make quick judgments when they’re buying items, whether in stores or online, and one of the things that influences them is the size of the packaging. A larger size can indicate a better value, if the box or bottle is opaque; most consumers don’t look at net weight or other details, except for those that really matter to them. The complaint for this class action claims that Boulder Brands USA, Inc. took advantage of this in packaging their Glutino Gluten Free Pretzels, leaving more than 40% empty space in the packages.

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